Party Wall Disputes: Legal Coherence and Dispute Management

Summary: This thesis analyses a spectrum of legal and factual issues linked to party walls and related disputes that, to date, have not been brought and analysed together. The aim is to provide a contextual analysis of these different areas of law and fact and thereby formulate a separate area of party walls and related disputes of its own merit, to provide a more comprehensive understanding of party wall disputes and a framework to help resolve party wall disputes in a practical and effective way. The thesis: (a) Analyses the meaning of a 'party wall'. (b) Analyses the regime of the Party Wall etc. Act 1996 (PWA 1996). (c) Presents different party wall dispute resolution avenues. It includes a number of case law examples and party wall scenarios where disputants ended up going to court. Chapter IV focuses on how disputes may be resolved in the light of the dispute resolution process of the PWA 1996 as well as court process and alternative dispute resolution procedures. This thesis advocates for pragmatic and cost-/time-effective solutions outside of court where possible. (d) Looks beyond the PWA 1996 and connects separate areas of law/fact, providing a contextual view of the issues relevant to party wall disputes as it is not sufficient to rely only on the PWA 1996. These include: (i) Statutory rights (Access to Neighbouring Land Act 1992, Law Property Act 1925, Land Registration Act 2002, Human Rights Act 1998, Crossrail Act 2008 and the High-Speed Rail (London – West Midlands) & (West Midlands – Crewe) Acts 2017). (ii) Proprietary rights – easements (right of way/support, drainage rights and whether there is an ancillary right or obligation to repair or not). (iii) Tort (noise, vibration and nuisance related to the right to light). (iv) Factual issues around structural matters relevant to party walls.

Name dc:type.qualificationname

Doctor of Philosophy (PhD)

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

University of Cambridge

Year dc:date.issued

2022

Author dc:creator

• Lintott, Laura

Advisor dc:contributor.advisor

• Dixon, Martin

• Access to neighbouring land act 1992
• comprehensive
• contextual
• contextual analysis
• Crossrail Act 2008
• dispute
• dispute management
• dispute prevention
• dispute resolution
• framework
• High-Speed Rail (London - West Midlands) & (West Midlands - Crewe Acts 2017)
• Human Rights Act 1998
• inter-disciplinary
• land registration act 2022
• law of property act
• law property act 1925
• merit
• neighbourly matters
• party wall
• party wall and access to neighbouring land act 1992
• party wall and crossrail act 2008
• party wall and easements
• party wall and high-speed rail (london - west midlands) & (west midlands - crewe) acts 2017
• party wall and human rights act 1998
• party wall and land registration act 2022
• party wall and law property act 1925
• party wall and noise
• party wall and nuisance
• party wall and proprietary rights
• party wall and related matters
• party wall and right of light
• party wall and right to light
• party wall and rights of light
• party wall and rights to light
• party wall and statutory rights
• party wall and structural matters
• party wall and tort
• party wall and vibration
• party walls
• party walls and easements
• party walls and human rights act
• party walls and noise
• party walls and nuisance
• party walls and pollution
• party walls and proprietary rights
• party walls and related issues
• party walls and right of light
• party walls and right to light
• party walls and rights of light
• party walls and rights to light
• party walls and statutory rights
• party walls and structural
• party walls and structural matters
• party walls and tort
• party walls and vibration
• proprietary rights
• revolutionary
• standalone
• standalone area
• strategy

Licence

• https://www.rioxx.net/licenses/all-rights-reserved/

Language dc:language

eng

DOI dc:identifier.doi

https://doi.org/10.17863/CAM.93005

OAI identifier oai:identifier

oai:www.repository.cam.ac.uk:1810/345585